Law enforcement and law-making aspects of justice

The author traces the evolution of the concept of «justice» of the Soviet legal science to modern Russian. The article justice considered as a function judicial authority, which combines elements of law enforcement and law-making. The author criticizes traditional concept of justice as exclusively law enforcement activity of a court within frameworks of legislation. The author shows that an inevitable element of justice is the concretization of legislation on the basis of judicial discretion. The interpretation of legislation by courts can acquire normative character if it is supported by high courts. The author’s theoretical conclusions are based upon the judicial practice.

justice, judiciary, judicial discretion, law enforcement, law-making, legislation, judicial practice, evaluative concepts, gaps in law